MINUTES OF REGULAR MEETING OF THE CITY COMMISSION, CITY OF HALLANDALE BEACH, FLORIDA, HELD ON WEDNESDAY, February 21, 2007 AT 1:30 PM

  1. CALL TO ORDER

Mayor Cooper called the meeting to order at 1:37 p.m.

  1. ROLL CALL

Mayor Cooper, Vice Mayor Julian, Commissioners London, Ross and Schiller, City Manager Good, City Attorney Jove, City Clerk McGough – All Present

  1. PLEDGE OF ALLEGIANCE

Hallandale High School JROTC precision drill team performed and presented the American flag for the Pledge of Allegiance. The drill team received a certificate of recognition for their accomplishments in drill team competition.

  1. PRESENTATIONS AND REPORTS
  1. Recognition of HallandaleHigh School Students Receiving Special Scholarships for College

Mayor Cooper recognized Robert Pearlman for his hard work and dedication to the students at HallandaleHigh School. Robert Pearlman, Guidance Counselor, HallandaleHigh School, explained the history of the Horatio Alger Scholarship Program andwhy the seven students at HallandaleHigh Schoolare receiving scholarships through this program to attend college. Only 100 students in the State of Florida receive this scholarship assistance, so seven students in one high school is exemplary.

Principal Chambers spoke of the students and their achievements.

The following students received certificates of recognition from the City as Horatio Alger Scholarship recipients:

Angel Andujar

Brittany Fisher

Canute Austin

Lindsey Isaacs

David Luciano

Anja Spoljar

Jamie Strong

Mr. Pearlman announced that the seven student receipients will be formally presented with their scholarships at the Dolphin Training facility in Davie.

City Manager Good advised in recognition of their hard work and determination that the City will coordinate the raising of funds so each student will receive a laptop computer to facilitate their success at college.

NOTE:PRESENTATION OF LAPTOP COMPUTERS TO BE HELD AT A

FUTURE COMMISSION MEETING OR OTHER LOCATION

  1. Recognition of Ann Fuller, HallandaleBeach Area Chamber of Commerce

Mayor Cooper spoke of Ann Fuller’s dedication to the city and the community as Secretary and Acting Director of the Hallandale Beach Area Chamber of Commerce.

Suzanne Freidman, President, Hallandale Beach Area Chamber of Commerce, thanked Ms. Fuller for her integrity, hard work and years of service.

Dr Joseph Amunategui, Immediate Past President, Hallandale Beach Area Chamber of Commerce, Armin Lovenvirth, Chamber member, and Cynthia Hibbitts, former Chamber Executive Director, thanked Ann Fuller for her exceptional dedication to the Chamber.

Ann Fuller thanked the Commission and the Chamber for the recognition and the support over the years.

Recognition of Matthew Casey

Chief Magill advised that Police Officer Matthew Casey is an member of the U.S. Navy Reserves and he has been called to active duty in Iraq.

Mayor Cooper presented a certificate of recognition to Officer Casey for his dedication to Operation Iraqi freedom and for his service to the City.

Officer Casey thanked everyone for their recognition and support.

  1. Presentation from the HallandaleBeach Kiwanis Club Regarding Programs and Services

Becky Wright, Kiwanis Club President, discussed upcoming Kiwanis activities and the membership drive.

Steve Cummings, Member and Past President, thanked the Commission for their support.

  1. Proclamation Proclaiming February 28, 2007 as Key Club Day

Steve Cummings, Past President, discussed Hallandale High School Key Club activities and announced the Club’s new faculty adviser is Jamie Davis.

Mayor Cooper presented a Proclamation proclaiming February 28, 2007 as Key Club Day.

Introduction of new Pastor of the HallandaleBeachChurch of God

City Manager Good introduced John P. Diamond, Senior Pastor, Hallandale Beach Church of God, 821 N.W. 2nd Avenue.Pastor Diamond stated he was pleased to be reaching out to the community and to enhancing youth programs. He introduced Keith Hardemon, Youth Ministry Coordinator.

  1. Parks and Recreation Summary Report

Rebecca Munden Correa, DirectorParks and Recreation, presented the report.

Mayor Cooper thanked staff for coordinating the trip to the Holocaust Train exhibit and event and stated about 50 persons were on the City sponsored bus.

Mayor Cooper recessed the meeting at 3:02 P.M.

Mayor Cooper reconvened the meeting at 3:10 P.M.

  1. PUBLIC PARTICIPATION (to be heard at 1:30 P.M.)

No Speakers

  1. CONSENT AGENDA
  1. Approval of Minutes - Regular Meeting of January 17, 2007

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE THE CONSENT AGENDA. The motion carried by voice vote, 5/0.

  1. CITY BUSINESS
  1. Presentation by PFM Asset Management LLC of the Quarterly Results of the City's Investments for the Period October 1, 2006 through December 31, 2006. (Presented by Steven Alexander, PFM)(see backup)

Presentation made by John Grady, PFM Asset Management LLC. These investments consist of City surplus funds in excess of current needs. Mr. Grady stated that these are safe, stable fixed income investments and that the portfolio is very well diversified in a one to three year timeframe. The current investment program has outperformed the benchmark.

Mayor Cooper asked about looking at the portfolio toward changing investment strategy for greater earning potential. City Manager Good advised that the City should not make investment changes at this time until financial impacts from possible changes in property tax legislation and other issues have been analyzed. He recommended waiting for another quarterly period and then reevaluate.

  1. Presentation by Principal Financial Group of the Quarterly Results of the General Employees and Professional/Management Pension Plans for the Period October 1, 2006 through December 31, 2006. (Staff: Assistant City Manager)(see backup)

Jay Barrett, Senior Relations Manager, Principal Financial Group, introduced Debi Fredrickson, Senior Relationship Manager, and advised that she will be handling the day to day management of the Pension funds. He also introduced Dan Gornick, Senior Client Service Manager, who handles pension administration for the retirees. Both are long term employees of the Principal Financial Group.

Steve Geadleman, Investor Services Manager, Principal Financial Group, made a

presentation. He advised that the General Employees Pension Fund is 100% self funded and that the Management Pension Plan is about 70 to 80% self funded.

Mr. Geadleman advised that the CEO of Principal Financial Group J. Barry Griswell was a Horatio Alger Scholarship recipient and that Principal Financial Group would consider making a contribution to the laptop computers for the students from HallandaleHigh School.

Mayor Cooper asked about the change in the Large Blend Manager and the cost associated.

NOTE:Mr. Geadleman to provide the information to the City Manager’s

Office.

Commissioner Ross asked about investing with banks which issuecredit cards to illegal immigrants. Mr. Geadleman advised that given the type of banks participating in theinvestment programs it was probable that banks issuing credit cards to illegal immigrants are part of the investment portfolio.

City Manager Good asked about the impacts of the new Federal Pension Protection Act. Debi Fredrickson advised that, in general, there are no direct impacts from the Federal Pension Protection Act on municipalities. She advised that there may be some personal impacts for retirees. She stated that Financial Accounting Standards Board (FASB) rules are being rewritten and noted that Governmental Accounting Standards Board (GASB) rules could also be impacted by the FASB rule changes.

  1. Report from Code Enforcement Advisory Committee (Presented by Hinda Smith, Chair)(see backup)

Presentation made by Hinda Smith, Chair, Code Enforcement Advisory Committee. Ms. Smith discussed the purpose and operations of the Committee and presented three recommendations for Commission consideration. City Manager Good stated he recommends the Committee proceed as outlined in Ms. Smith’s report. A meeting of the Committee will be held within the next three weeks. The meeting agenda will include a presentation by the City Clerk’s Office regarding the Sunshine Law and Robert’s Rules of Order.

NOTE:CODE ENFORCEMENT ADVISORY COMMITTEE TO PROCEED AS

DISCUSSED. RECOMMENDATION #2 INVOLVING A “PRE-HEARING” PROCEDURE TO BE FURTHER EVALUATED TOWARD MAXIMIZING EFFECTIVENESS.

  1. Report from Crime Watch (Presented by Police Chief)

City Manager Good advised that Norma Haskins, Crime Watch President, has asked that this item be deferred.

MOTION BY COMMISSIONER SCHILLER, SECONDED BY COMISSIONER ROSSTO DEFER UNTIL READY. The motion carried by voice vote, 5/0.

  1. Consideration of Approval of an Agreement with BrowardCounty for Public Transportation Services. (Staff: Jenny Cheretis, Director, DPW/Utilities & Engineering)(see backup)

City Manager Good noted that this agreement has been brought forward because the City will be expanding its Minibus service to the northwest and southwest quadrants of the City. This agreement will provide County funding for the enhanced public transit and he recommends the Commission approve this agreement.

Commissioner London asked about adding additional bus shelters and bus benches. City Manager Good advised acquiring easements for placement of shelters is underway but is subject to private property owners agreeing to the easement.

Commissioner London expressed concern about the Minibus drivers working overtime which could lead to safety concerns and whether the drivers are trained to operate the handicap accessible, wheelchair lift equipment on the Minibuses. The City’s contract with the private company providing the Minibus service will be reviewed to ensure these concerns are addressed.

City Manager Good noted that with the addition of the third route, riders throughout the community will be able to have access to the entire City, and to AventuraHospital and Mall, through a Minibus Routehub at City Hall.

MOTION BY COMMISSIONER ROSS, SECONDED BY VICE MAYOR JULIAN TO APPROVE THE AGREEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE AND RENEW THE AGREEMENT IN THE BEST INTEREST OF THE CITY. The motion carried by voice vote, 5/0.

NOTE:THE HEADWAY (ROUND TRIP TIME) FOR EACH OF THE THREE

ROUTES TO BE REVIEWED

  1. Discussion of Implementing Stronger Water Conservation Measures(Vice Mayor Julian)(See Backup)

City Manager Good advised that in accordance with City Commission directive, staff has developed and will be enhancing a Water Conservation Programin the City. City Manager Good recommended that a public relations program be developed to educate and advertise residents of the various tools that can be used to conserve water. Inexpensive water conservation devices will be made available.

Vice Mayor Julian spoke about water conservation strategies. He recommended that the City implement SFWMD Phase I landscape irrigation water restrictions permanently limiting irrigation to three times per week with odd addresses: Mondays, Wednesdays and Saturdays (4-8 a.m.) and even addresses: Tuesdays, Thursdays and Sundays (4-8 a.m.).City Manager Good concurred that Phase 1 water restrictions should be implemented and that an ordinance adopting the restrictions can be brought back to the Commission. Irrigation of large commercial properties requires substantial use of water. Phase I restrictions should apply to both residential and commercial properties.

Mayor Cooper recommended that at the next Earth Day Celebration/Event in HallandaleBeachto be held on April 21, 2007 that events which promote water conservation and an understanding of global warming be included.

NOTE:AGRICULTURE EXTENSION OFFICE TO BE CONTACTED

REGARDING LITERATURE AND RESOURCES TO ENHANCE EARTH

DAY PROGRAMS AND INFORMATION.

NOTE:EARTH DAY EVENT TO INCLUDE A POSTER CONTEST FOR

SCHOOL STUDENTS.

NOTE:DPW TO COORDINATE EVENTS WITH PARKS

Vice Mayor Julian spoke about various tools and products that can be used in the home to save/conserve water and suggested a complimentary distribution of these items during the Earth Day event.

Commissioner London spoke about the importance of educating condominium residents and large commercial users on conservation methods.

Mayor Cooper suggested providing a financial incentive on the Water Bill for customers who have taken actions to conserve water.

City Manager Good advised all options will be reviewed and will be incorporated in a comprehensive ordinance as appropriate.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSSTODIRECT STAFF TO AMEND THE CODE OF ORDINANCES TO ADOPT SOUTH FLORIDA WATER MANAGEMENT DISTRICT PHASE I LANDSCAPE IRRIGATION WATER RESTRICTIONS AND CONSIDER INCORPORATION OF OTHER MANDATED WATER CONSERVATION MEASURES, AS APPROPRIATE, AND BRING BACKWHEN READY. The motion carried by voice vote, 5/0.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER ROSS TO AUTHORIZE EXPENDITURES UP TO $20,000 FROM ACCOUNTS DEEMED APPROPRIATE BY THE CITY MANAGER TO PURCHASE WATER CONSERVATION DEVICES FOR COMPLIMENTARY (FREE) DISTRIBUTION TO RESIDENTS. The motion carried by voice vote, 5/0.

NOTE:PUBLIC EDUCATION PROGRAM TO BEGIN IMMEDIATELY IN

ADVANCE OF CONSIDERATION OF ORDINANCE AMENDMENTS

  1. Consideration of the Transfer of Grant Funds from the MPO Enhancement Program (FM Project No. 418135-1) for the Bus Shelter Project to Supplement Funding for the State’s Milling and Resurfacing (3R) Program (FM Project No. 413791-1-52-01) for the West Hallandale Beach Boulevard Improvement Project. (Staff: Director, Public Works/Utilities/ Engineering)(see backup)

City Manager Good advised that transfer of the $150,000 in grant funding will not negatively impact the Bus Shelter Project and will supplement the costs of enhancements/amenities funded by the City for the West Hallandale Beach Blvd. Improvement Project.

Mayor Cooper asked about the status of the placement of additional bus shelters on Hallandale Beach Blvd. City Manager Good stated that there are complications with securing easements for placement of the shelters on private property adjacent to the sidewalk and an attorney specializing in obtaining easements has been hired to facilitate their placement. Mayor Cooper suggested that a local government’s ability to implement a bus shelter program through securing of easements should be part of the City’s legislative issues.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO APPROVE THE TRANSFER OF GRANT FUNDS AS OUTLINED IN THE STAFF REPORT. The motion carried by voice vote, 5/0.

NOTE:ABILITY OF LOCAL GOVERNMENTS TO SECURE EASEMENTS FOR

BUS SHELTER PROGRAMS TO BE ADDED TO THE CITY’S

LEGISLATIVE ISSUES

  1. Discussion of Issues Pertaining to Mobile Homes (Mayor Cooper)(see backup)

Mayor Cooper noted the State of Florida regulates Mobile Homes and legislation pertaining to them is being proposed during the upcoming legislative session. She stated that a bill would require local governments to supplement the moving expenses of and benefitsfor mobile home occupants being displaced by sale of the property leased by the occupants. This would constitute an unfunded mandate. Rather, the expenses/benefits should be paid by the developers and the sellers who will financially benefit. She suggested that the stipend for moving be increased to a minimum of $10,000 and that the developer and seller should have to pay this cost. She recommended that 15% of the new units associated with the property acquired through displacement of the occupants be made available on an affordable housing basis to those displaced either at the new development site or other location, or the developer would contribute the value of the units to the City for use in the Affordable Housing Program.

City Manager Good stated that the City should pass a resolution incorporating the Commission discussion and include an increase of the displacement benefit to a minimum of $10,000 and that the developer and seller should pay the cost. He also suggested that the City Commission consider passing an ordinance requiring any developer who displaces mobile home occupants through purchase of their leased land to fairly compensate those being evicted. The ordinance would govern both future and currently ongoing mobile home park conversions. The City could condition its approval of the land use change based on the developer’s payment of a fair displacement compensation. He also stated that the City could impose a moratorium on mobile home park development while the legislature further considers the matter and a local Ordinance is considered for adoption.

Vice Mayor Julian expressed concern about meetings being held between developer representatives and tenants at mobile home parks where displacement is being discussed. The City is not notified of these meetings.

Commissioner Ross asked if the moving benefits would be applicable to seasonal residents who may have a primary residence in another location. City Manager Good stated the benefits should be only for permanent residents in which the mobile home is their primary dwelling.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO DIRECT STAFF TO PREPARE A COMPREHENSIVE ORDINANCE,AS DISCUSSED,TO INCLUDE:

(1) A MORATORIUM ON MOBILE HOME PARK CONVERSIONS

PENDING ADOPTION OF THIS ORDINANCE AND/OR

COMPLETION OF LEGISLATIVE ACTION,

(2) PROCEDURES TO BE FOLLOWED BY DEVELOPERS AND THEIR

REPRESENTATIVE RELOCATION SERVICES WHICH MANDATE

NOTIFICATION TO THE CITY OF RESIDENT MEETINGS AND

SALE OF THE PROPERTY,

(3) THAT THE SELLER AND DEVELOPER OF THE PARKS ARE

RESPONSIBLE FOR FAIR COMPENSATION TO DISPLACED

PERMANENT RESIDENTS, AND THAT DEVELOPERS ARE

REQUIRED TO PROVIDE 15% OF THE NEW UNITS AS

AFFORDABLE HOUSING OR CONTRIBUTE THE VALUE OF SAME

TO THE CITY FOR USE IN THE AFFORDABLE HOUSING

PROGRAM AND BRING BACK WHEN READY. The motion carried

by voice vote, 5/0.

MOTION BY VICE MAYOR JULIAN, SECONDED BY COMMISSIONER SCHILLER TO DRAFT A RESOLUTION:

(1) SUPPORTING AN INCREASE TO AMINIMUM OF $10,000 FOR

THE BENEFIT PAID TO DISPLACED PERMANENT MOBILE HOME

OCCUPANTS,

(2) REQUIRING THAT THE PROPERY SELLER AND DEVELOPER

BE RESPONSIBLE FOR PAYMENT OF THE BENEFIT,

(3) REQUIRING THAT DEVELOPERS AND THEIR AGENTS NOTIFY

LOCAL GOVERNMENTS OF PENDING SALES AND

ASSOCIATED RESIDENT MEETINGS,

(4) THAT DEVELOPERS BE REQUIRED TO PROVIDE 15% OF THE